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• (f) The operations will, insofar as a variance is authorized, be <br />conducted in compliance with the requirements of 4.22 and these Rules; <br />(g) Provisions for off-site storage of spoil will comply with <br />the requirements of 4.09.1 through 4.09.4; <br />(h) Liability under the performance bond required to be filed by <br />the applicant with the Division shall be for the duration of the <br />underground mining activities and until all requirements of these Rules <br />have been complied with; and <br />(i) The permit for the surface coal mining activities contains <br />specific conditions; <br />(i) Delineating the particular surface areas for which a <br />variance is authorized; <br />• (ii) Identifying the particular requirements of 4.22 and <br />those Rules which are to be complied with; and <br />(iii)- Providing a detailed schedule for compliance with the <br />particular requirements of 4.22 and these Rules identified under <br />2.06.7(4)(1). <br />(5) Review of permit containing variances. Variances granted under <br />permits issued under 2.06.7 shall be reviewed by the Division no later than <br />3 years from the dates of issuance of the Permit and any permit renewals. <br />RESPONSE: <br />The Twentymile Coal Company does not intend to conduct combined <br />surface and underground mining activities within the Fish Creek Tipple <br />area, nor is TCC requesting a variance from contemporaneous <br />reclamation. Consequently, this Rule and the corresponding <br />performance standard requirements under Section 4.22 are not <br />• applicable. <br />2.06-7 <br />